HomeMy WebLinkAboutSPL2008-00022 Short Plat 1940 Findings of Fact - SPL Letters / Memos - 12/23/2008 r
FINDINGS OF FACT
ALTERATION of SHORT PLAT# 1940
APPLICANT: Port of Grapeview
APPLICATION DATE: 12/23/08
Mason County has reviewed the above referenced application for an alteration of short
subdivision and finds it in conformance with all applicable County land use regulations in
effect at the time of application. Per 16.36.028 Staff makes the following findings:
FINDINGS
1. This alteration conforms to the requirements of RC W 58.17 and the provisions of
Mason County Title 16.
2. The item to be altered does not conflict with the goals and polices of the
Comprehensive Plan and applicable community plan, applicable County codes and
state laws.
3. The public use and interest will be served as a result of this alteration(to the extent
that this alteration causes no harm and may be of slight benefit to the property
owner).
4. All owners of affected properties have signed in front of a Notary approving the
alteration. (see exhibits A and B)
The proponent has paid the prescribed fees.
The proponent has filed a complete application, which includes notarized signatures.
Environmental Health
That Mason County Environmental Health has reviewed this alteration(when
deemed necessary) and has been found to be in conformance with all
Environmental Health regulations. This determination was made by Cindy Waite
on N/A.
Public Works
That this alteration of short subdivision as been reviewed by Mason County
Public Works (when deemed necessary) and has been found to be in conformance
with all Public Works regulations. This determination was made by Fred
Perryman on N/A.
1
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Uniform Fire Code
That any alteration is consistent with the minimum requirements of the Uniform Building
Code or have otherwise been authorized by Larry Waters on N/A.
CONCLUSION
In conclusion,this application for short subdivision is consistent with the above criteria
and that the public use and interest are served by the division of this land.
RECOMMENDATIONS
I,being the Manager of the Mason County Planning Department, hereby attest to and
certify that appropriate provisions have been made for this alteration of short subdivision
and hereby recommend approval. In addition these facts evidenced by the contents of the
file for this alteration of short subdivision.
Signed,
arb a Adkins, Planning Manager Dat
Michael Mac ems, Subdivision Planner Date
2
RECEIVED
Created on 3/25/2008 12:36 PM :Ud
Mason County MASON COUNTY
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Department of Community Development
— 411 N. 5"' Street/P.O. Box 279; Shelton,WA 98584; 360.427.9670 ext. 352
SHORT SUBDIVISION/LARGE LOT SUBDIVISION ALTERATION
Application Form
Plat #: Short Plat # 1940 Original Recording Date: Feb. 5, 1990
Applicant Name: Robert W. Johnson, Representative for Port of Grapeview
Circle one: Owner of parcel Purchaser of parcel Representative
Applicant Address: P.O. Box 1400 Email: rjohnson@hctc.com
City, State, Zip: Shelton, WA. 98584 Phone:( 360) 426-9728
List all other legal owners within the plat—attach additional page/s if needed
Val Call/Jared Call
Name:Enterprises Address: P.O. Box 41
City, State,Zip• Kamas, UT. 84036-0041 Phone:
Name: Mason County F.D. #3 Address: P.O. Box 129
19S-g6
City, State,Zip: Grapeview, WA. -98584 — Phone:
Name: N/A Address:
City, State,Zip: Phone:
Description of Proposed Alteration(in addition,please provide an attached drawing):
SEE ATTACHED
FOR OFFICE USE ONLY
Date Received: Date of Complete Application:
Does alteration involve a public dedication? Yes X No
If yes,Date of Public Hearing: N A Date of Decision:
Alteration Application Forml.doc
1
Created on 3/25/2008 12:36 PM
Required Written Findings and Determinations:
1. Does the alteration conform to the requirements of RCW 58.17 and the provisions of MCC
Title 16?
71--s
2. Do the items to be altered comply with the goals and policies of the Comprehensive Plan,
applicable County codes and state laws?
3. Will the public use and interest be served as a result of the proposed((alteration?
Ve3cfl (w 1'l Y%C4 ' 1 h►1�Yt.C�
Fees$65 per/hour Total Fee: Date Fee Paid:
Conditions:
Approved Date
Denied Date
Reason for Denial:
Recording Date: Auditor FN#:
Alteration Application Forml.doc
Port of Grapeview
Short Subdivision Alteration Application
DESCRIPTION OF PROPOSED ALTERATION
See drawing attached as "Exhibit A."The applicant proposed removal of a restriction
currently set forth on the face of the short plat: "There will be no development and/or
limited disturbance along the west 30 feet of the entire length north and south of Lot 1."
Said restriction was originally imposed with respect to a natural depression along Okonek
Road. Historically, a lack of maintenance of related ditches and culverts associated with
the county road resulted in stormwater back-up into the depression during winter months.
However, current maintenance practices have resolved this issue, and the stormwater-
related issues that served as the basis for the 30 foot restriction are no longer an issue.
In addition, Mason County Planning Department staff conducted an on-site inspection of
the parcel in 1997, to evaluate critical area issues. See RLC97-0178. The evaluation
findings document the fact that no critical areas, including any wetlands, were determined
to exist on the site. A copy of the RLC documentation is attached as "Exhibit B."
REQUIRED WRITTEN FINDINGS AND DETERMINATIONS
1. The alteration conforms to the requirements of RCW 58.17 and the provisions of
MCC Title 16.
2. The item to be altered complies with the goals and policies of the Comprehensive
Plan, applicable County codes and state laws.
3. The public use and interest will be served as a result of the proposed alteration.
The site presents no critical area issues. See"Exhibit B."The 30 foot
provision at issue was originally incorporated on the face of the short plat
to address stormwater-related issues that have been resolved through
maintenance of county ditches and culverts. The subject parcel is owned
by the Port of Grapeview, a municipal corporation that exists to promote
economic/public use opportunities in the area. The Port intends to
develop the parcel for related purposes, and development plans will be
facilitated by removal of the 30 foot provision.
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Mason Land Records Imaging
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
411 N. Fifth, P.O. Box 578, Shelton, WA 98584
(360) 427-9670
DATE: 09/02/97
TO: GRAPEVIEW PORT COMMISSION
P.O: BOX 413
GRAPEVIEW WA 98546
RE: Community Club building and parking
Case No. : RLC97-0178
Parcel No. : 121082190041
Dear Applicant:
As part of this department's review on your permit application, a
Resource Lands and Critical Areas (RLC) site inspection was performed on
your property. Below you will find comments made regarding the proposed
development and its critical values.
In some cases, setbacks for development from steep slopes, streams,
wetlands, and waterbodies must be included in your specific proposal;
these setbacks are included as part of the comments listed below-
Please contact me at (360) 427-9670 or (360) 275-4467, ext. 1'4S if you
have any questions.
Sincerely,
Land se lanner
Department of Community Development
COMMENTS:
Property includes a natural low land area along Okonek Road. There are
indications that during winter months stormwater runoff naturally drains
into this low area. Best site for building location is along the eastern
and middle segment of the property. At the time of field assessment, no
critical areas were identified.
RLC, rev. 09/26/96
Mason Land Records Imaging
MASON COUNTY
RESOURCE LANDS & CRITICAL AREAS CHECKLIST
PLEASE PRINT $44.00 Fee Required
Applicant: S//*"A/ Parcel No. f Z149"
Applicant Address:
City: C"�;dA ✓m•.' StLazip Legal Description: /,_ _ l�s y[J pf
Phone: (3r.42
Owner Name (if differ t fr;om,,,a::::,pplicant:
Purpose of Pro-Inspection: Gt /�6 e 446= ✓�-
P P d.�>z,al.X�L��I� ,� �-
Use of Building:
Do any of the following exist on or within 200 feet of the property: saltwater lake —
river/stream /pond wetland seasonal runoff slope
DiU99ons to Site: giAJr3 V*
* 1��W dF3Z-
Please illustrate in the box below the proposed building site in relation to property lines,
significant natural features, slope grade and direction and topography (or include on separate
sheet):
North Arrow
i
I
f
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I
This checklist is designed to assist an applicant for a Building Permit, On-Site Sewage System Site Evaluation and
Disposal Permit, Access Permit, Land Modification Permit, Boundary Line Adjustments, Land Segregations, Hazardous
Waste Permit, or Shoreline Permit in determining whether their property is affect by regulations under the Mason
County Interim Ordinance (77-93). This checklist is an important opportunity for identifying early in the permit process
whether there will be any environmental regulations affecting the proposed development.
If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original
application. Pre-inspection reports remain valid only until development changes occur in the vicinity which affects the
lot evaluated in this inspection
Applicant Signature: ate: F —_.?7—
Return appitcation to: Department of Community Developmsnt,Ptenning Division .
411 N. 5th/P.O. Box 578
Shelton, WA 98584 fl`
(380)427-9670/1-Boo-5e2-582e
Please make checks or money orders payable to Meson County Treasurer
When completed, this form becomes pert of the permit application.
Mason Land Records Imaging
Please illustrate below the proposed building site in relation to critical area & property lines:
Departmental Review
(For Office Use Only)
Planning Department Findings:
rvi a
�J
RLC It /-7 `
Permit dumber
Owner 9�PNPG I EvJ pp
Gc M IsSl 04 Parcel # t2�08-21
❑ �. Saltwater/Lake 20� Acres
tl SMP Designation N h
Name of Water body
❑ 2. Rivers, streams, or creeks Type of Water
133. Lakes or ponds less than 20 acres in size? (Check if yes.)No
134. Wetlands: Areas that are inundated or saturated by surface water that under normal�.
circumstances support vegetation adapted for life in such conditions as the following:
Marshes, bogs, and swamps. (Check if yes.1)F-40
❑ 5. Slopes greater than 15% or 8.5°? If yes, degree of slope
8 •- lL
❑ 6. Floodplain? (Check if yes.) NO
137. Seismic Hazard Area? (Check if yes.) t4
❑ g- Aquifer Recharge Area? (Check if yes.)
❑ g. Comprehensive Plan Designation
❑ 10. Other
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Comments: �rpt r lnc,v�c�Cv� ki'v �d a arcs D,�ancr� ILaga(_
n2Py-. aft-- ►yt (� rub ct/c � f�gd�1 �iS s7ari�i �1/�i f=1U►✓l�' ��L"a"�T`1
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�tn'U GZ/`P�c • I'�'f 2/� ti rn fn1 �.I L � vJ �-ov� �'�.�- e��y�
Date
Authorized Signature
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EXHIBIT C
Affected owner signatures approving the alteration, as required pursuant to MCC
16.36.028(D)
AFFECTED OWNER AFFIDAVIT
As an owner of property located within short plat#1940, I am an owner of"affected
property." Pursuant to MCC 16.36.028(D)(4)—a copy of which is attached and which I
have reviewed—I hereby sign to signify my approval of the proposed alteration. I
understand that the alteration will result in removal of the following restriction currently
set forth on the face of the short plat:
"There will be no development and/or limited disturbance along the west 30 feet of the
entire length north and south of Lot 1."
Val Call, for Val Call/Jared Call Enterprises
STATE OF Vl)d,( )
//, / :ss
COUNTY OF( )
On this day,personally appeared before me VAL CALL, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged that she signed the same as her free and voluntary act and deed, for the
uses and purposes therein mentioned.
WITNESS MY hand and official seal this--day of [,26C , 2008
NOTARY P 13LI IN AND FOR
THE STATE OF
Residing at
My Commission expires:
Nota Public
z GREGOF Y L. SEAL i
Jare all for Val Call/Jared Call Enterprises ; • so31 South Canyon Gate Road
Sandy,Utah 84093
�• S My Commission Expires '
l July 31,2009 State of Utah J
r
STATE OF w )
:ss
COUNTY OF,4 P—�—
On this day,personally appeared before me JARED CALL, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses
and purposes therein mentioned.
WITNESS MY hand and official seal thisL"ay of , 2008
N TARY P IC(IN AND FOR
THE STATE OF
Residing at
My Commission expires:_._
91
For Mason Co Fire District#3 r Nota Public
r5' .�"°"' GREGOF Y L. SEAL w
• 9031 South Canyon Gate Road �
Sandy,Utah EaJ9.i
a �S M Commission Expires
` y July 31,2009
State of Utah
STATE OF �ss
COUNTY OF
On this day,personally appeared before me , to me
known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that s/he signed the same as his/her free and voluntary act
and deed, for the uses and purposes therein`7tioned.
WITNESS MY hand and official seal this day of , 2008
NOTOY PUBLIC IN AND FOR
THE STATE OF
Residing at"N
My Commission expires:
3ftwo
,, 1
goat
`�.. i ..��. .....�
On this day,personally appeared before me JAREDXnh
n to be
the individual described in and who executed the within annt, and
acknowledged that he signed the same as his free and volur the uses
and purposes therein mentioned.
WITNESS MY hand and official seal this ay of , 2008 P
NOTARY PUBLIC IN AND FOR
THE STATE OF
Residing at
My Commission expires: _
For Maso County Fire Distri #3
STATE OF WA,- )
� :ss
COUNTY OF_1 A )
On this day,personally appeared before me���►� Ca�Y^ , to me
known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that s/he signed the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
WITNESS MY hand and official seal this Zq day of 2008
V—'lLc� �A
NOTARY PUBLIC IN AND FOR
THE STATE Of QPr
M ..../Al %, Residing at Cxv� _
a,,�•F� My Commission expires: Z`1 Z
s .
Pulao' �o
cP'•. 1`ti' C9 �
OF I W
TITLE 16- PLATS AND SUBDIVISIONS JULY 2008
for public health,safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys,other public ways,transit stops,potable water supplies, sanitary wastes, parks and
recreation,playgrounds, schools and schoolgrounds, and all other relevant facts, including
sidewalks,and other planning features that assure safe walking conditions for students who only
walk to and from school;and(b)the public use and interest will be served by the permitting the
proposed subdivision of land. The public interest shall not include the regulatory taking of any
contractual rights,options, or any other third-party interest in land,which if the short subdivision
were approved, may render such interests valueless.
Written findings shall be made on a cover sheet to the short subdivision application and shall be
signed by the administrator.
16.36.026 Procedure-Approval and Filinp_.
If the Administrator determines that the foregoing requirements are met,he shall approve the
application, and shall transmit an approved copy to the subdivider. The short subdivision shall be
filed with the County Auditor.
16 36 027 Procedure-Appeal to Hearing Examiner. Any person aggrieved by the decision of
the Administrator to approve or disapprove a proposed short plat may appeal the decision to the
Mason County Hearing Examiner within(20)days following issuance of the decision. The
Hearing Examiner, following a public meeting thereon,may affinn or reverse the Administrator's
decision,or may recommend the application to the Administrator with instructions to approve the
same upon compliance with the conditions imposed by the Hearing Examiner.
Kam
x' a a t a roved sli-
Anov edwnrsi�ant RC.W_5L -17_060. Short subdivision alterations typically apply to those elements
which are common to at least two or more lots within the short subdivision such as,but not limited
to the relocation of trails,roads,buffers, open space,drainage easements,park and recreation sites,
etc.Additional lots cannot be added except pursuant to RCW 58.17.060 and MCC 16.36.034.
16.36.028(B) General.An alteration to a portion of a recorded short subdivision replaces and
supersedes the portion of the original short subdivision that is contained in the alteration.
"":When any person is interested in the alteration of any short;
subdivision except as provided by RCW 58.17.040(6)or MCC 16.40.040 and 16.40.615,an
as olLr yy may_b1r'submitted,to the County and-shall-be on forms and with fees as
fablis�ied_by the.Departrraet�
jjZMD28(D"i Repuirec� 1�V*�tt�n FindinQc.and i_1etEr__ inu�axigusiThe Administrator shall inquire
into the public use and interest proposed to be served by the establishment of the short subdivision
alteration,if any.A proposed short subdivision alteration shall not be approved unless the
Administrator makes written findings that:
1. The alteration conforms to the requirements of RCW 58.17 and the provisions of this Title;
2. The items to be altered do not conflict with the goals and policies of the Comprehensive Plan
and applicable community plan, applicable County codes and state laws;
3. The public use and interest will be served as a result of the proposed alteration;and
C/ �. All owners of affected properties have signed in front of a Notary approving the alteration.
16.36.028(E)Approval. The Administrator shall approve any proposed short subdivision
31
RECEIVED
MAR 2 4 2009
ROBERT W. JOHNSONP..LLC
ATTORNEY AT LAW MCC D - PLANNING
ANGLE BUILDING
P.O.BOX 1400
SHELTON. WASHINGTON 98584
}'.. TELEPHONE
(360)426-9728
ROBERT W.JOHNSON - FAX(360)426-1902
February 10, 2009
Michael MacSems
Mason County Dept. of Community Development
Planning
P. o. Box 279
Shelton WA 985t84
RE: Port of Grapeview/SP 1940
Dear Mr. MacSems:
Enclosed please find check for the $108 fee for re-recording SP 1940.
If you have any questions please call.
Sincerely,
ROBERT W.JOHNSON
RWJ:fh
Enclosure
�6014 CO& MASON COUNTY
Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
_ Mason County Bldg. 1 411 N.5th Elma (360) 482-5269
4
P.O.Box 279 Shelton,WA 98584
Robert Johnson
P.O. Box 1400
Shelton, WA 98584
January 8,2009
Re: SP 1940
Dear Mr. Johnson,
I am in receipt the application that you recently submitted on behalf of the Port of
Grapeview to modify short plat 1940. Your client wishes to delete a plat condition stating
that the westerly 30' of Lot 1 shall have no development and little disturbance. In your
cover letter you state that the reason for this condition was for stormwater management
and that the condition is no longer as the nearby road ditch is now better maintained. You
also enclosed paperwork showing that in 1997,planner Hugo Flores was unable to
identify a wetland on Lot 1.
I have discussed this application with Mason County Public Works as their right-of-way
is adjacent to the area in question. Based on that discussion the County is willing to
approve your request,but your client should be advised of the following:
I looked at the site today and think that there probably is a wetland along Okonek Road,
even if there wasn't an identifiable wetland there in 1997..Any future development will
be subject Mason County Critical Areas Ordinace.
New construction on this site will be required to meet a 25' building setback from the
property line.
New construction will have to meet current regulation for stormwater management.
The County right-of-way actually extends 20'. east of the footprint of Okonek Road as
portrayed on the short plat.
There will be a$108 recording fee for re-recording SP 1940. A check for this amount
should be made payable to the Mason County Auditor and delivered to my attention.
Question:
According to the Mason County Assessor, the owner of Lot I (Tax # 12108-21-90041)is
the Port of Grapeview, yet I don't see a signature for anyone stating that they represent
the Port. Are the Port of Grapeview and Fire Protection District 3 the same entity? Why
has a representative of Val Call Enterprises signed this application? Please clarify.
I can be reached at ext. 571 or by e-mail at mms@co.i-nason.wa.us. Thank you.
Sincerely,
Michael MacSems
Subdivision Reviewer
cc: Port of Grapeview
Val Call Enterprises
AFFECTED OWNER AFFIDAVIT
As an owner of property located within short plat#1940, I am an owner of"affected
property."Pursuant to MCC 16.36.028(D)(4)—a copy of which is attached and which I
have reviewed—I hereby sign to signify my approval of the proposed alteration. I
understand that the alteration will result in removal of the following restriction currently
set forth on the face of the short plat:
"There will be no development and/or limited disturbance along the west 30 feet of the
entire length north and south of Lot 1. "
e sentin pplicant, Port of Grapeview
STATE OF )
:ss
COUNTY OF jjan )
On this day, personally appeared before me�.��QX-� . Q�.Q,I'�, to me
known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that s/he signed the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
WITNESS MY hand and official seal this 11 day of Macy-CYN , 2009
Wli NOTARY PUBLIC LN AANDP.OR
:`,`.g$ioN ;; ���'�,,� THE STATE OF U ft, rl
•�; `' Residing at �y
`' N�TAA!' My Commission expires: 3 a
OF'w